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MANOCHERIAN v. LENOX HOSP.

84 N.Y.2d 385 (1994)

643 N.E.2d 479

618 N.Y.S.2d 857

Amir Manocherian et al., Doing Business as Fame Company, Appellants, v. Lenox Hill Hospital et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Reargued August 30, 1994.

Decided October 20, 1994.

Attorney(s) appearing for the Case

Rosenberg & Estis, P. C., New York City (Gary M. Rosenberg and Jeffrey Turkel of counsel), for appellants.

Proskauer Rose Goetz & Mendelsohn, New York City (Edward S. Kornreich, Steven E. Obus, Scott A. Eggers and Mark P. Monack of counsel), and Edmund F. Wolk for Lenox Hill Hospital, respondent.

G. Oliver Koppell, Attorney-General, New York City (June Duffy and Jerry Boone of counsel), in his statutory capacity under Executive Law § 71.

Ronald A. Zumbrun, James S. Burling, R. S. Radford and Alexander Dushku, of the California Bar, admitted pro hac vice, and Klein & Keenan, Yonkers (Carol S. Keenan of counsel), for Pacific Legal Foundation, amicus curiae.

Judges SIMONS, TITONE, MANGANO and CREW concur with Judge BELLACOSA; Judges LEVINE and CIPARICK dissent and vote to affirm in separate dissenting opinions; Chief Judge KAYE and Judge SMITH taking no part.

BELLACOSA, J.

Plaintiffs, owners of several New York City rent-stabilized apartments at issue here, seek summary judgment to declare chapter 940 of the Laws of 1984 unconstitutional and related relief. That enactment requires the owners to offer renewal leases to defendant-respondent, Lenox Hill Hospital, a not-for-profit hospital enterprise on the Upper East Side of Manhattan, for apartments occupied by some...

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